new Delhi . Maharashtra cabinet minister and senior NCP leader Nawab Malik has moved the Supreme Court challenging the Bombay High Court’s decision which had rejected his interim bail in a habeas corpus petition. Malik has claimed that his arrest is completely illegal.
On March 15, the Bombay High Court had rejected Malik’s interim application, seeking his immediate release in a money laundering case registered against him by the Enforcement Directorate (ED). Malik is in judicial custody till April 4. He was arrested on February 23 on the basis of an FIR registered against terrorist Dawood Ibrahim and his associates.
The High Court had not granted any relief to Malik on behalf of the ED on his arrest and he was remanded in custody. The court had said that there was no reason to pass any interim order for his release.
The High Court had refused to grant relief to Malik, saying that just because the Special Prevention of Money Laundering Act (PMLA) court’s order to remand him in custody is not in his favor, it does not make it illegal or wrong.
Malik has claimed that the refusal of interim release by the High Court to him is in violation of the position laid down in the case of Arnab Goswami Vs Maharashtra Government. The petition states that his plea is strictly based on law and the High Court cannot make prima facie finding with respect to Section 3 of the PMLA without assigning any reason.
The ED has alleged that Malik, as per the prevailing market value of Munira Plumber in Kurla, grabbed prime assets worth Rs 300 crore through Solidus Investments Pvt Ltd, a company owned by his family members. The ED has claimed that this was done in collusion with Dawood’s sister Haseena Parkar, his bodyguard Salim Patel and 1993 bomb blasts convict Sardar Shah Wali Khan.
In his petition in the top court, Malik claimed that his arrest is illegal and in violation of his fundamental rights as well as statutory provisions and at the same time he is entitled to a writ of habeas corpus. At the same time, the ED had accused Nawab Malik that he was involved in terror funding with Dawood Ibrahim, so he has been arrested.
—AnyTV News
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